1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO._______________OF 2021

(Arising out of SLP (Criminal) No. 3789 of 2018)

VIKRANT VIKAL TRIPATHI APPELLANT(S)

VERSUS
STATE OF UTTAR PRADESH & ANR. RESPONDENT(S)

O R D E R

Leave granted.

The present appeal has been preferred assailing the order

dated 20.02.2018 passed by the High Court of Judicature at

Allahabad, Lucknow Bench rejecting application seeking

transfer of FIR No. 80/2013 dated 29.04.2013 for offence under

Sections 498-A, 323, 504, 506 of the Indian Penal Code (for

short ‘the IPC’) and under Section 3/4 of the Dowry

Prohibition Act registered at P.S. Talkatora, District

Lucknow, Uttar Pradesh to District Fatehpur and tagged along

with FIR No. 289/2013 dated 01.07.2013 registered at P.S.

Kotwali, District Fatehpur instituted at the instance of

estranged wife (respondent no.2).

This Court while issuing notice on 07.05.2018 stayed

further proceedings in connection with the FIR No. 80/2013

Signature Not Verified

Digitally signed by
NEETU KHAJURIA
Date: 2021.10.01

dated 29.04.2013.
19:44:24 IST
Reason: It reveals from the record that notice has

been duly served on respondent no.2, but no one has put in

appearance on her behalf.

 2

It is informed to this Court that in reference to FIR No.

289/2013 dated 01.07.2013 registered at P.S. Kotwali, District

Fatehpur, Uttar Pradesh under Sections 498-A, 323, 504, 506,

342 and 494 of the IPC and Section 3/4 of the Dowry

Prohibition Act, charge-sheet has been filed and summons have

been issued for recording the presence of the appellant, but

the appellant has not recorded his presence so far.

After we have heard the learned Counsel for the parties,

we consider it appropriate to transfer FIR No. 80/2013 dated

29.04.2013 registered at P.S. Talkatora, District Lucknow,

Uttar Pradesh on the file of the learned Civil Judge, Junior

Division, District Fatehpur and be tagged along with FIR No.

289/2013 dated 01.07.2013 registered at P.S. Kotwali, District

Fatehpur.

It is informed that 1st October, 2021 has been fixed by

the learned trial Judge in the proceedings and for recording

presence of the appellant. The appellant shall appear and

record his presence on the date fixed before the learned trial

Judge, i.e. 1st October, 2021.

We direct that further proceedings in reference to both

the afore-stated FIR No. 80/2013 and FIR No. 289/2013 be taken

up together by the Trial Judge.

With these observations, the appeal stands disposed of.

 3

Pending application(s), if any, shall stand disposed of.

……………………………………………J
(AJAY RASTOGI)

……………………….……………………J
(ABHAY S. OKA)
NEW DELHI;
SEPTEMBER 28, 2021.